Centre pitches Uniform Civil Code to Supreme Court

Subject :Polity

Context:

The Centre in its response to petitions filed in the apex court seeking uniformity in laws governing matters of divorce, succession and inheritance and adoption and guardianship for all irrespective of gender and religion pitches for Uniform Civil Code.

What is the issue:

The recent affidavit was filed by the Union Law Ministry to petitions, which was filed by Advocate Ashwini Kumar Upadhyay, seeking directions from the apex court to the government to remove anomalies and frame uniform divorce law and uniform guidelines for adoption and guardianship of children.

What was Government stand:

The government said the power to make laws is exclusively that of the legislature and the court cannot give a mandamus to Parliament to make certain laws.
Since this is a matter of policy for the elected representatives of the people to decide and hence no direction in this regard can be issued by the court.
It is for the legislature to enact or not enact a piece of legislation.
Government said that it had requested the Law Commission to examine various issues relating to the Uniform Civil Code and make recommendations considering the sensitivity and in-depth study involved of various personal laws governing different communities.
The 21st Law Commission had uploaded a consultation paper titled ‘Reform of Family Law’ subsequently in August 2018 before the end of the term.
Government stated that the subject matter will be placed before the 22nd Law Commission for its consideration when the Chairman and Members of the Commission are appointed.

What is mandamus:

Mandamus is the prerogative writs which means ‘we command’.
It is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, and which is in the nature of public duty, and in certain cases one of a statutory duty.
It cannot be issued to compel an authority to do something against statutory provision.
This writ cannot be issued against a private individual or body. except where the State is in collusion with the private party for contravening a provision of the Constitution or a statute.

What is Uniform Civil Code:

The Uniform Civil Code refers to a common set of laws governing personal matters such as marriage, divorce, adoption, inheritance and succession for all citizens, irrespective of religion.

Constitutional Provision related to UCC.

Article 44 of the Part 4 i.e Directive Principles of State Policy Of the Indian Constitution lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India

Status of Uniform Codes in India:

Indian laws do follow a uniform code in most civil matters such as Indian Contract Act 1872, Civil Procedure Code, Transfer of Property Act 1882, Partnership Act 1932, Evidence Act, 1872 .
Goa is the only state where there is Uniform Civil Code.
Recently, Uttarakhand had formed an expert committee for the effective implementation of the Uniform Civil Code in the state.